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yogendra prasad   21 January 2010 at 00:12

eviction of a distant relative

I permitted my brother with his family consisting of his wife and two children to stay in my house for approx 26 years.Brother is expired, his daughter married and shifted.
The widow and his son (my nephew) are refusing to shift to a property also given by me. I have been giving my brother monetary help also all these years as he was financially weak.

The property is self purchased property by me from the Nagpur Improvement trust in the year 1966 with my self earned money and is registered in my own name.

We are four brothers and two sisters and father is no more. Now the widow has filed a suit against me for partition of the property saying the property
was purchased by my father and therefore is a HUF property and should be partitioned. She has given no proof for this.

She is taking adjournments from the first day of hearing from the last four months and is demanding a large sum for settlement outside court.

How can I evict her as early as possible.

YV Prasad, Nagpur

Milind Joshi   20 January 2010 at 23:20

Sexual harrassment

After the famous Vishakha V/s State of Rajasthan certian guide lines were laid down and accordingly if there is a sexual harrassment at working place then the procedure is that there should be completed department enquiry. Are there any case laws wherein a person has been declared as chargeless of sexual harrassment and the High Court or Supreme Court has held it to be correctly conducted department enquiry and upheld the acquital? Please send me the case laws on this.

Suresh C Mishra   20 January 2010 at 22:54

Payment of Gratuity to the teacher of private school

Whether a teacher who has been retired from the CBSC affiliated college in the year 1999 can get Payment of Gratuity with interest ? and for delay what to be done in filing application ?

rajvinder singh   20 January 2010 at 22:02

decree set aside

a suit was filed by plaintiff for of permanent injunction restraining the defendant to construct the roof/projection and decree was passed in his favour.

the suit was against the father and his four sons.the father on appeared as defendant no.1 and others didnot appear before the court.now what happend the sons were not proceede exparte.the father was not the attorney of his sons.during the evidence of defendant the father died and the evidence of him was closed by order of court.then the decree was passed in favour of plaintiff.
now we want to challenge the decree can it be challenged or we should file application to corect the proceeding u/s 153
pls repl

rajvinder singh   20 January 2010 at 21:55

menaing of word projection

in an decree passed by cjjd defendant has been restrained from constructing the roof, projection on the property mentioned in the site plan.
now defendant has attached a pipe over the roof towards the street which is about 6 feet in length.will it amount to contempt of court

queryking   20 January 2010 at 21:50

Cause of action

when petition is dismissed by a revenue court, and the revenue court directs the plaintiff to appraoch the civil court, will it become a cause of action to file a suit for declaration? the suit is barred by limitation there is a delay about 20 years, but the plaintiiff is quotaing the revenue court direction and showing it as a cause of action, his revenue petition was time barred but it was not considred at the time of giving direction.

P.C. Joshi   20 January 2010 at 21:10

Notice for vacation of office premises

Dear Friends,

Your opinion is required on the following interesting issue.

A ltd has a rented office in Mumbai. Area is abt 1015 sq ft and monthly rent is Rs 1725(one seven two five).

Way back in 1972 the premises was taken under leave and licence agreemnt for 5 years between A Ltd and one Mr X who is named as licensor in the leave and icence agreement and rent was fixed Rs 1725/- pm and from that date the rent is Rs 1725/- till date.

In the afresaid L&L agreement, it is also mentioned that the owner of the premises and Y&Z who have under an agreemnt authorised X to use/let etc. the premises.Meaning thereby that a ltd in a sub tanent.

on 20th Dec09 X sent a vacation notice of 30 days to A ltd. and after expiry of the said period of 30 days,demanded arket rent @Rs 100/- sq ft till vacation.

Interestingly, the L&L agreement mention that the term is 5 years and there is no renewal clause. But the preises is possessed by A Ltd. There is no arrear of rent and no such notice is issued before.

What legal remedy is available with A Ltd, which is not protected by Mumbai Rent Control act and what defecnces it should take replying notice.

Other issues:

1. Can X is legally authorised to issue notice of vacation when it is not a owner.
2. is sub tanency is a defence in itself. sub tanency subsists Because, X being a tanent himself can not compel A ltd

3. Non existence of the leagl owners or their legal hiers makes any difference.
4. can a ltd tkae plea of perpetual lease.

Regards

P.c. Joshi





Anonymous   20 January 2010 at 20:52

legal Notices

Sir,
I have lost my credit card long time ago (23-Jan-2004) which was issued by Standard Chartered, just after I lost the card I have submitted my requisition to block the card on 24-january-2004 and which was duly acknowledged by the Standard Chartered bank personnel.
But after 6 years I have received a legal notice showing that I am defaulter for some amount which was not used by me at all.

When I have contacted the customer care the say the card was in used till October, 2004 so please guide me on how to proceed further.

Please find the attachments of scanned copy of the letter submitted to the Standard Chartered and their legal notice to me.
The Standard Chartered Bank people are harassing me via phones and also thru legal notices ( attached in this mail), I am planning to file a CASE against them, please advise on this sir, an early response would be help full to me.

An early response would be highly help full to me.
Thanking you,

Anki Reddy
Cell: +91-90000 81513

Anonymous   20 January 2010 at 20:50

legal Notices

Sir,
I have lost my credit card long time ago (23-Jan-2004) which was issued by Standard Chartered, just after I lost the card I have submitted my requisition to block the card on 24-january-2004 and which was duly acknowledged by the Standard Chartered bank personnel.
But after 6 years I have received a legal notice showing that I am defaulter for some amount which was not used by me at all.

When I have contacted the customer care the say the card was in used till October, 2004 so please guide me on how to proceed further.

Please find the attachments of scanned copy of the letter submitted to the Standard Chartered and their legal notice to me.

An early response would be highly help full to me.
Thanking you,
Anki Reddy
Cell: +91-90000 81513

Tipsy   20 January 2010 at 20:40

What type of POA is reqd for Indiabull to sign for mom-son?

What type of Power of Attorney is needed for India bull to allow me to sign for my mother?

My mother wants to give me power of attorney to me to be able to TRADE IN SHARE IN India bulls securities ltd but india bull is not accepting POA between mother and son
And they say it should be between mother and dad that is husband/wife, but my dad has expired, what can be done, and how to solve this querry as per law ?